2019-2020 Mandatory Notices

SF State Gender Equity & Title IX/VAWA Annual Mandatory Notice

Dear SF State Colleagues,

SF State has a long self-stated commitment to social justice and inclusive excellence, and our efforts to end harassment and discrimination, promote equity, and prevent sexual misconduct/sexual harassment fall in line with our core values. As we begin the 2018-19 academic year, I once again ask for your assistance and support with cultivating a working and learning environment reflective of SF State’s core beliefs. Please know that I am also sending similar information to all enrolled students.

Continuing changes to state/federal law and in university policy reinvigorate our obligation both to reduce the likelihood of employment discrimination and harassment including sexual harassment and sexual misconduct, as well as to promote a safer, more inclusive climate for all students, faculty and staff.

Overview of Applicable CSU Policies

The California State University (CSU) prohibits discrimination, harassment and retaliation in the learning and working environment of all 23 of its campuses. Discrimination refers to Adverse Action taken against an Employee or Third Party by the CSU, a CSU employee or a Student, because of a Protected Status. Adverse Action refers to an action that has a substantial and material adverse effect on the Complainant's employment or ability to participate in a University program or activity free from Discrimination, Harassment or Retaliation. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant does not constitute an Adverse Action. Protected Status includes Age, Disability (physical or mental), Gender (or sex), Genetic Information, Gender Identity (including transgender), Gender Expression, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color or ancestry), Religion or Religious Creed, Sexual Orientation, and Veteran or Military Status.

Harassment refers to unwelcome conduct engaged in because of a Complainant’s Protected Status, whereby submission to or rejection of the conduct is used (or threatened to be used) as the basis for employment-related decisions, or the conduct is sufficiently severe or pervasive that its effect, intended or not, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as intimidating, hostile or offensive. Retaliation refers to Adverse Action taken against a person because the person has or is believed to have participated in some manner in exercising their rights under EO 1096 or 1097, or assisted/participated in an EO-related investigation or proceeding.

I encourage you to take the time to become familiar with CSU Executive Order 1095, regarding our responsibilities relative to Title IX and the Violence Against Women Act. CSU Executive Order 1096 outlines the procedures our campus must follow when an employee files a complaint of discrimination, harassment or retaliation (DHR) – including incidents of sexual misconduct. Please be sure to review Article VI of EO 1096, which defines various prohibited behaviors. Here are some of the key points in the policy of which you should be aware:

  • The University prohibits any behavior that constitutes sexual misconduct, which includes any sexual activity engaged in without affirmative consent, where affirmative consent means an informed, conscious, voluntary, and mutual agreement to engage in sexual activity.
  • SF State’s process when responding to a complaint is an administrative one, and the purpose of an investigation is to ascertain if a university policy has been violated. It is not a criminal or legal process to determine if a law has been broken. The administrative process must be fair to both Complainants and Respondents.
  • Where the interim policy is not implicated, Complainants and Respondents have the right to appeal the finding of an investigation, as well as appeal any sanctions imposed following a finding of responsibility in a sexual misconduct or DHR incident.
  • While reporting as soon as possible maximizes SF State’s capacity to respond effectively to a reported incident, there is no time limit for when a Complainant may come forward to report a potential violation of policy.
  • Complainants may request an Early Resolution Process when filing a complaint under EO 1096; the purpose of the Early Resolution Process is to explore whether the Complainant’s concern(s) can be resolved by SF State without an investigation.
  • Employees, as well as students, have access to a confidential victim-advocate through The SAFE Place if they wish to have one.

Further, employees are prohibited from entering into a consensual relationship with any student or employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority. Information about disclosing a consensual relationship on your own behalf or reporting a relationship involving 3rd parties can be found at Procedures to Implement CSU Executive Order 1096 - Consensual Relationships.

Faculty and Staff Responsibilities

To learn more about faculty and staff members’ important role as institutional officers in this effort, available on- and off-campus resources, the University’s statement of non-discrimination on the basis of gender or sex, myths and facts about sexual misconduct, our campus crime reporting efforts in support of the Clery Act, and other vital information, please visit and bookmark SF State’s Title IX webpage.

Two things in particular will be essential to observe as you review the above websites. First, all employees will need to complete annual online training, via CSU Learn. Second, unless otherwise noted by policy, all employees have a duty to report and are required to *immediately* report allegations of sexual harassment/sexual violence/sexual misconduct – even when the victim/survivor requests confidentiality of them - to any of the following Title IX/DHR personnel listed below. To facilitate reporting, a confidential online reporting form has been set up which can be accessed by visiting the Title IX webpage and clicking on “Reporting Form” under “Who To Contact” in the upper left-corner menu.

I also want to emphasize that Title IX prohibits discrimination against and provides other protections to students on the basis of gender and/or gender identity. In particular:

Office of the Ombuds

To assist with fulfilling your work at SF State, I would also like to bring your attention to the Ombudsperson for faculty/staff: Dr. Christina Sabee, Dean of Equity Initiatives.

In this capacity, Dr. Sabee not only plays a major role in advancing our efforts to reduce and respond to incidents of sexual misconduct and DHR; she also serves in the more proactive roles of providing multiparty conflict resolution, solution identification, clarification on campus procedures, and resource referral. Faculty/staff can refer colleagues to the Ombudsperson or contact the Ombudsperson directly on their own behalf. Please visit the Ombuds Office website for more information about the Ombudsperson.

Equity Programs & Compliance Team

Katon Dalton, Manager, Equity Programs & Compliance, and Senior Deputy Title IX Coordinator/DHR Administrator – when the Complainant is a student

Katon can be reached at (415) 338-2032 and atkdalton@sfsu.edu.

Sara Lewis, Assistant Manager, Equity Programs & Compliance and Deputy Title IX Coordinator/DHR Administrator – when the Complainant is a student

Sara can be reached at (415) 338-2032 and atsaral@sfsu.edu.

Christina Sabee, Dean of Equity Initiatives, Ombudsperson, and Senior Deputy Title IX Coordinator/DHR Administrator – when the Complainant is an employee or 3rd party

Christina Sabee can be reached at (415) 338-2032 and atcsabee@sfsu.edu.

Cherie Scricca, Interim Title IX Coordinator and DHR Administrator

Cherie can be reached at (415) 338-2032 and atscricca@sfsu.edu.

SF State's Response to Sexual Misconduct & Sexual Violence

Dear SF State Students,

To our newest students: congratulations on your admission to SF State and joining the Class of 2022! Welcome again to the home of the Gators! And to our returning students: we are glad you’ve returned to continue your educational pursuits with us. As you review your course syllabi and schedule for the upcoming semester, meet new friends and connect with old ones, please take the time to read this email thoroughly, as it contains helpful information about required training and university policies. As a member of the SF State community, you are responsible for the contents.

SF State has a long self-stated commitment to social justice and inclusive excellence. Our efforts to end harassment and discrimination, promote gender equity and prevent sexual misconduct fall in line with our core values. I am also sending emails to the staff and faculty asking for their help and support with cultivating a learning environment reflective of SF State’s core beliefs.

Overview of Applicable CSU Policies

The California State University (CSU) prohibits discrimination, harassment and retaliation in the learning and working environment of all 23 of its campuses. I encourage you to take the time to become familiar with CSU Executive Order 1095 regarding SF State’s responsibilities relative to Title IX and the Violence Against Women Act. Executive Order 1097 outlines the procedures our campus must follow when a student files a complaint of discrimination, harassment or retaliation (DHR) – including incidents that fall under Title IX; Article VI in the EO defines various terms with which you should become familiar. Finally, Executive Order 1098 describes the student conduct process, which is used to determine sanctions if a student is found responsible for violations under EO 1095/1096/1097.

The interim policy changes apply to cases where (1) it is alleged that a student engaged in sexual misconduct; (2) a finding of responsibility could result in a severe sanction, such as suspension or expulsion; and (3) credibility of any party or witness is central to the finding.

Below are some key points in these policies and the addendum of which you should be aware. Links to the complete policy documents can always be accessed through the quick links bar on the SF State Title IX webpage.

For applicable cases of sexual misconduct, the interim policy addendum establishes an Investigation procedure where:

  • The investigator will document steps taken to gather evidence, as well as the basis for declining a Party’s request to gather information;
  • The investigator will share with the Parties a Preliminary Investigation Report, along with relevant evidence (redacted as necessary);
  • Each Party is given a reasonable opportunity to respond to the evidence and request the investigator to ask the other Party questions; and
  • The Final Investigation Report will automatically include any relevant documentary or other tangible evidence as attachments.

The interim policy addendum further establishes an Early Resolution process where:

  • Both Parties must agree to engage in the Early Resolution process before proceeding;
  • Any agreed upon remedies and disciplinary sanctions will be imposed;
  • The terms of the resolution will be memorialized and signed by the Parties and the Title IX Coordinator; and
  • The resolution will be final and not appealable by either Party.

Finally, the interim policy addendum also establishes a Hearing procedure where:

  • The Parties will be given written notice of the date, time, and location of the hearing, as well as the identity of the Hearing Officer;
  • The Hearing is closed to all people except the Parties, the Parties’ respective advisors, one support person per Party, appropriate witnesses while they are testifying; the Student Conduct Administrator; the Title IX Coordinator or designee; campus police; the Hearing Officer; and the Hearing Coordinator;
  • The Hearing Officer controls the hearing, including making determinations on pre-hearing matters and asking questions of the Complainant, Respondent, Investigator, any University official, and any witness; and
  • Advisors may not speak on behalf of a Party.

For more information, please review the Interim Policy Process Map and the Frequently Asked Questions.

Further, employees are prohibited from entering into a consensual relationship with any student or employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority. Information about disclosing a consensual relationship on your own behalf or reporting a relationship involving 3rd parties can be found at Procedures to Implement CSU Executive Order 1096 - Consensual Relationships.

Required Training and University Policies

As an SF State student, you are entitled to various forms of assistance and support from the University to facilitate your academic success. Conversely, you are also accountable for upholding all University policies.

Important Mandatory Online Course for New, Incoming Students

All new/incoming students will need to complete required training on issues related to sexual harassment/sexual violence. San Francisco State SF State has selected NOT ANYMORE, an interactive and informative online course created by Vector Solutions especially for college students using the expertise and feedback of college students. You will be presented with a variety of realistic scenarios and given opportunities for self‐reflection.

You will receive an invitation from NOT ANYMORE to take the training. The training takes about two hours to complete. You can work at your own pace from any computer (requires Flash player). You can leave and return to the course at any time, and when you return, it will open to the page where you left off. Have fun with the course, but don’t forget that the information in NOT ANYMORE addresses real life choices that can greatly impact the college experience for you and your friends.

 

Please note that you have until MONDAY, OCTOBER 28, 2019 at 11:59PM to complete this mandatory training. Failure to complete the training will result in a Hold being placed on your record and you will not be able to request transcripts or adjust your class schedule. If you have general questions, believe you have reached this e-mail in error, or require reasonable accommodations to complete NOT ANYMORE, email svp@sfsu.edu and a staff member from Health Promotion & Wellness will assist you. For technical support (e.g. audio, video, slide), please contact Vector Solutions Client Success Team at info@studentsuccess.org.

 

University Polices

Please visit and bookmark SF State’s Title IX webpage to learn more about these and other topics of note:

Students should be aware that with only few exceptions, if they report or disclose an experience of sexual harassment/sexual misconduct/sexual violence to any SF State staff or faculty member, that employee is required to *immediately* report allegations of sexual harassment/sexual misconduct – even if the student is requesting confidentiality - to any of the following Title IX personnel listed below.

Finally, Title IX prohibits discrimination against and provides other protections to students on the basis of gender and/or gender identity. In particular:

  • Institutions of higher education must provide equitable educational access to students who are pregnant or nursing. Please visit Pregnant, Nursing and/or Parenting Employees & Students for more information. Students who need academic accommodations while they are experiencing pregnancy or immediately after childbirth should visit the Disability Programs & Resource Center (dprc@sfsu.edu) in SSB 110
  • We are committed to an environment that is inclusive and welcoming to all students, regardless of gender. As such, San Francisco State continues to expand the number of restrooms that are gender inclusive. Please visit All-Gender Restrooms list for the most updated list.

Available Student Resources

For AY 2018-19, these are the Title IX key personnel available to assist students

  • Katon Dalton, Manager, Equity Programs & Compliance
    Katon can be reached at (415) 338-2032 and atkdalton@sfsu.edu.
  • Sara Lewis, Assistant Manager, Equity Programs & Compliance

Sara can be reached at (415) 338-2032 and atsaral@sfsu.edu.

 

Victims/survivors of sexual harassment/sexual misconduct/sexual violence, as well as stalking, dating and domestic violence, who seek assistance and/or support from the following SF State programs can expect to have the confidentiality of their report maintained (except as otherwise required by law), as these staff/faculty are not mandated to report to the Title IX Coordinator or designee:

The SAFE Place
Location: Student Services Building, Room 205 |

Phone: (415) 338-2208 | Website:The SAFE Place

Counseling & Psychological Services
Location: Student Services Building, Room 205 |

Phone: (415) 338-2208 | Website:Counseling & Psychological Services

After hours, students can reach San Francisco Women Against Rape (SFWAR) via their 24hr hotline: (415) 647-7273.

Prevention Education

San Francisco State is also committed to promoting a campus living-learning environment that supports student success. Safety is perhaps one of the most fundamental and basic needs. As such, prevention and risk-reduction information is available from the following programs and offices. Please contact them to arrange for educational workshops, consultations or other educational services.

Division of Equity & Community Inclusion

Location: Student Services Building 403 | Hours: Monday – Friday 8:30 am – 5 pm

Email: equity@sfsu.edu | Website: Division of Equity & Community Inclusion

Health Promotion & Wellness

Location: Village at Centennial Square, 750 Font Blvd., Suite 5000 | Hours: Monday – Friday 8 am – 5 pm

Email: hpw@sfsu.edu| Website: Health Promotion & Wellness

University Police Department

Location: 100 N State Dr. San Francisco, CA 94132 | Hours: Open 24/7

Phone: (415) 338-7200 | Website:University Police Department